HOUSE OF REPRESENTATIVES	H.B. NO.	1354
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LEGISLATIVE ALLOWANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 24-2, Hawaii Revised Statutes, is amended to read as follows:

     "§24-2  Allowance for non-Oahu legislator during session.  A member of the legislature whose legal residence is on an island other than Oahu shall receive an additional allowance to cover all personal expenses such as board, lodging, and incidental expenses but not travel expenses.  The allowance under this section shall be set at a single rate that [will:

(1) Not exceed the greater of the maximum allowance for such expenses payable to any public officer or employee of the federal government or the State;

(2) Be reasonably calculated to cover the expenses specified in this section; and

(3) Be determined jointly by the president of the senate and the speaker of the house of representatives for the legislature as a whole.]

is equal to the federal Department of Defense flat rate per diem amount for the island of Oahu for temporary duty assignments of thirty-one to one hundred eighty days.

     The allowance shall be paid to each member at the rate prescribed for each day, from the first to the last day of each session, including Saturdays, Sundays, holidays, and days of recess pursuant to the mandatory recess required by article III, section 10, of the Constitution or a concurrent resolution, except for days of recess when a session of the legislature is recessed for more than three days pursuant to a concurrent resolution and for days of unexcused absence of the member from a meeting of the respective house."

     SECTION 2.  Section 24-4, Hawaii Revised Statutes, is amended to read as follows:

     "§24-4  Allowance for expenses while on official legislative business during period of recess and interim official legislative business. (a)  When a session of the legislature is recessed for more than three days pursuant to a concurrent resolution or for any interim official legislative business, a member of the legislature while on official legislative business on the island of the member's legal residence [and when authorized by the presiding officer of the respective house,], shall receive an allowance [of $10 a day] equal to the federal Department of Defense flat rate per diem amount for the island of Oahu for temporary duty assignments of thirty-one to one hundred eighty days to cover personal expenses.

(b)  When a session of the legislature is recessed for more than three days pursuant to the mandatory recess required by article III, section 10, of the Constitution or a concurrent resolution or for any interim official legislative business, a member of the legislature who is required to remain away from the island of the member's legal residence but within the State overnight or longer while on official legislative business and when authorized by the presiding officer of the respective house, shall receive an allowance to cover all personal expenses such as board, lodging, and incidental expenses but not travel expenses.

(c)  The [allowance] allowances authorized under this section shall each be set at a single rate that will:

     (1)  Not exceed the greater of the maximum allowance for such expenses payable to any public officer or employee of the federal government or the State;

     (2)  Be reasonably calculated to cover the expenses specified in this section; and

     (3)  Be determined jointly by the president of the senate and the speaker of the house of representatives for the legislature as a whole."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Legislative Allowance; Flat Rate Per Diem; Recess; Interim

Description:

Specifies that the per diem legislative allowance for legislators who reside on an island other than Oahu shall be equal to the federal Department of Defense flat rate per diem amount for temporary duty on Oahu.  Authorizes a similar allowance to cover incidental expenses incurred by Oahu-based legislators conducting official business during certain recess and interim periods.  (HB1354 HD1)

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